C-51453Charles III2025An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada ActOne Canadian Economy ActOne Canadian Economy Act20256
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PRESIDENT OF THE KING’S PRIVY COUNCIL FOR CANADA AND MINISTER RESPONSIBLE FOR CANADA–U.S. TRADE, INTERGOVERNMENTAL AFFAIRS AND ONE CANADIAN ECONOMY91231RECOMMENDATIONHer Excellency the Governor General recommends to the House of Commons the appropriation of public revenue under the circumstances, in the manner and for the purposes set out in a measure entitled “An Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada Act”.SUMMARYPart 1 enacts the Free Trade and Labour Mobility in Canada Act, which establishes a statutory framework to remove federal barriers to the interprovincial trade of goods and services and to improve labour mobility within Canada. In the case of goods and services, that Act provides that a good or service that meets provincial or territorial requirements is considered to meet comparable federal requirements that pertain to the interprovincial movement of the good or provision of the service. In the case of workers, it provides for the recognition of provincial and territorial authorizations to practise occupations and for the issuance of comparable federal authorizations to holders of such provincial and territorial authorizations. It also provides the Governor in Council with the power to make regulations respecting federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada.Part 2 enacts the Building Canada Act, which, among other things,authorizes the Governor in Council to add the name of a project and a brief description of it to a schedule to that Act if the Governor in Council is of the opinion, having regard to certain factors, that the project is in the national interest;provides that determinations and findings that have to be made and opinions that have to be formed under certain Acts of Parliament and regulations for an authorization to be granted in respect of a project that is named in Schedule 1 to that Act are deemed to have been made or formed, as the case may be, in favour of permitting the project to be carried out in whole or in part; andrequires the minister who is designated under that Act to issue to the proponent of a project, if certain conditions are met, a document that sets out conditions that apply in respect of the project and that is deemed to be the authorizations, required under certain Acts of Parliament and regulations, that are specified in the document.TABLE OF PROVISIONSAn Act to enact the Free Trade and Labour Mobility in Canada Act and the Building Canada ActShort TitleOne Canadian Economy ActFree Trade and Labour Mobility in Canada ActEnactment of ActEnactmentAn Act to promote free trade and labour mobility in CanadaShort TitleFree Trade and Labour Mobility in Canada ActInterpretationDefinitionsAct and regulations prevailPurpose of ActPurposeHis MajestyBinding on His MajestyDesignation of MinisterOrderRemoval of BarriersGoods and ServicesApplicationGoodsServicesLabour MobilityRecognitionRegulationsGovernor in CouncilLimitation of LiabilityActs done in good faithReview of ActReview and reportComing into ForceOrder in councilBuilding Canada ActEnactment of ActAn Act respecting national interest projectsShort TitleBuilding Canada ActDefinitionsDefinitionsDesignation of MinisterOrderPurpose of ActPurposeNational Interest ProjectsPower of Governor in CouncilDeeming — favourable determinations, findings and opinionsDuty to issue documentPower to amend conditionsCanada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)Nuclear Safety and Control ActConsultation — subsection 7(1)Consultation — subsections 8(1) and (2)Limit — subsection 7(1)Limit — subsections 8(1) and (2)Canadian Energy Regulator ActConsultation — subsection 7(1)Consultation — subsections 8(1) and (2)Limit — subsection 7(1)Limit — subsections 8(1) and (2)Impact Assessment ActNon-application of certain provisionsOfficeRoleAmendment to Schedule 2Add, amend or deleteRegulationsRegulations — enactmentRegulations — this ActReview of ActReview and reportHis Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the One Canadian Economy Act.Free Trade and Labour Mobility in Canada ActEnactment of ActEnactmentThe Free Trade and Labour Mobility in Canada Act is enacted as follows:An Act to promote free trade and labour mobility in CanadaPreambleWhereas the Government of Canada intends to remove federal exceptions under the Canadian Free Trade Agreement;Whereas the Government of Canada wishes to continue to work with provinces and territories towards establishing a national system of mutual recognition in which a good, service or worker that meets the requirements of one Canadian jurisdiction would be recognized as meeting the requirements of all;And whereas Parliament is committed to strengthening the Canadian economy byimproving labour mobility within Canada, andmaking it easier for businesses and Canadians to buy Canadian goods and services through the removal of federal barriers to the interprovincial movement of goods and provision of services, while continuing to protect the health, safety and security of Canadians, their social and economic well-being and the environment;Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Free Trade and Labour Mobility in Canada Act.InterpretationDefinitionsThe following definitions apply in this Act.federal regulatory body meansin relation to a good or service,a body that is empowered under an Act of Parliament to regulate the good or service, ora body designated by the regulations that regulates the good or service; andin relation to an occupation,a body that is empowered under an Act of Parliament to issue authorizations to practise the occupation, ora body designated by the regulations that issues authorizations to practise the occupation. (organisme de réglementation fédéral)federal requirement means a requirement established under an Act of Parliament or by a federal regulatory body. (exigence fédérale)Minister means the member of the King’s Privy Council for Canada designated under section 6. (ministre)provincial or territorial regulatory body meansin relation to a good or service,a body that is empowered under an Act of the legislature of a province or territory to regulate the good or service, ora body designated by the regulations that regulates the good or service; andin relation to an occupation,a body that is empowered under an Act of the legislature of a province or territory to issue authorizations to practise the occupation, ora body designated by the regulations that issues authorizations to practise the occupation. (organisme de réglementationprovincial ou territorial)provincial or territorial requirement means a requirement established under an Act of the legislature of a province or territory or by a provincial or territorial regulatory body. (exigence provinciale ou territoriale)Act and regulations prevailThe provisions of this Act and the regulations made under it prevail over the provisions of any other Act of Parliament and any regulations made under any other Act of Parliament to the extent of any conflict between them.Purpose of ActPurposeThe purpose of this Act is to promote free trade and labour mobility by removing federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada while continuing to protect the health, safety and security of Canadians, their social and economic well-being and the environment.His MajestyBinding on His MajestyThis Act is binding on His Majesty in right of Canada.Designation of MinisterOrderThe Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.Removal of BarriersGoods and ServicesApplicationSections 8 and 9 apply in respect of a federal requirement only if the federal requirement pertains toa good or service that is also subject to a provincial or territorial requirement; andthe interprovincial movement of the good or provision of the service.GoodsSubject to the regulations, a good produced, used or distributed in accordance with a provincial or territorial requirement is considered to meet any comparable federal requirement.Comparable requirementsFor the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only ifthe requirements are in respect of the same aspect or element of the good;the requirements are intended to achieve a similar objective; andany conditions set out in the regulations are met.DecisionThe federal regulatory body responsible for the administration and enforcement of a federal requirement may decide, in accordance with subsection (2), whether a provincial or territorial requirement is comparable to the federal requirement.ServicesSubject to the regulations, a service provided in accordance with a provincial or territorial requirement is considered to meet any comparable federal requirement so long as the provincial or territorial requirement continues to apply to the service provider.Comparable requirementsFor the purposes of subsection (1), a provincial or territorial requirement is considered to be comparable to a federal requirement only ifthe requirements are in respect of the same aspect or element of the service;the requirements are intended to achieve a similar objective; andany conditions set out in the regulations are met.DecisionThe federal regulatory body responsible for the administration and enforcement of a federal requirement may decide, in accordance with subsection (2), whether a provincial or territorial requirement is comparable to the federal requirement.Labour MobilityRecognitionSubject to the regulations, a federal regulatory body mustrecognize an authorization to practise an occupation issued by a provincial or territorial regulatory body as comparable to an authorization that the federal regulatory body may issue to practise that occupation; andon application by the holder of such a provincial or territorial authorization, issue them an authorization to practise that occupation.RegulationsGovernor in CouncilThe Governor in Council may, on the recommendation of the Minister, make regulations respecting federal barriers to the interprovincial movement of goods and provision of services and to the movement of labour within Canada, including regulationsproviding for exceptions to subsection 8(1) or 9(1) or section 10;imposing obligations, prohibitions, conditions and restrictions for the purposes of any of sections 8 to 10;respecting, for the purposes of subsections 8(2) and 9(2), the meaning of the expressions “same aspect or element” and “achieve a similar objective” or any term used in those expressions;respecting the meaning of the term “authorization” for the purposes of this Act;respecting any transitional matters arising from the coming into force of this Act or of any amendments to it; andrespecting anything that by this Act is to be provided for by the regulations.ConsultationBefore recommending a regulation to the Governor in Council under paragraph (1)(a) in relation to a federal requirement or authorization, the Minister must consult the federal regulatory body responsible for the administration and enforcement of the federal requirement or for the issuance of the authorization.Limitation of LiabilityActs done in good faithDespite any other Act of Parliament, no civil action lies against His Majesty, a servant or agent of the Crown or a federal regulatory body in respect of anything done or omitted to be done, or purported to be done or omitted to be done, in good faith in the course of applying section 8, 9 or 10 or any regulations made for the purposes of any of those sections, including anything in relation to whether provincial or territorial requirements are comparable to federal requirements and the recognition and issuance of authorizations to practise an occupation.For greater certaintyFor greater certainty, subsection (1) does not apply in respect of applications for judicial review or to proceedings under Chapter Ten of the Canadian Free Trade Agreement.Review of ActReview and reportWithin five years after the day on which this Act comes into force, the Minister must complete a review of this Act and its operation and cause a report on the review to be laid before each House of Parliament.Coming into ForceOrder in councilThe Free Trade and Labour Mobility in Canada Act comes into force on a day to be fixed by order of the Governor in Council.Building Canada ActEnactment of ActThe Building Canada Act, whose text is as follows and whose Schedules 1 and 2 are set out in the schedule to this Act, is enacted:An Act respecting national interest projectsPreambleWhereas Parliament recognizes that it is in the interests of Canada’s economy, sovereignty and security, including its energy security, to urgently advance projects throughout Canada, including in the North, that are in the national interest, including projects thatfoster the development of economic and trade corridors,connect different parts of the country and get goods to market,strengthen Canada’s ability to trade, andenhance the development of Canada’s natural resources as well as its energy production and infrastructure;Whereas the Government of Canada is committed to working in partnership with provincial, territorial and Indigenous governments and Indigenous peoples;Whereas the Government of Canada is committed to respecting the rights of Indigenous peoples recognized and affirmed by section 35 of the Constitution Act, 1982 and the rights set out in the United Nations Declaration on the Rights of Indigenous Peoples;Whereas the Government of Canada is committed to upholding rigorous standards with respect to environmental protection;And whereas Parliament affirms the need for projects that are in the national interest to be advanced through an accelerated process that enhances regulatory certainty and investor confidence;Now, therefore, His Majesty, by and with the advice and consent of the Senate and House of Commons of Canada, enacts as follows:Short TitleShort titleThis Act may be cited as the Building Canada Act.DefinitionsDefinitionsThe following definitions apply in this Act.authorization means, in respect of a national interest project, an approval or other decision, or a permit, licence, regulation or other document or instrument, that is required, by a provision of an enactment or, if a portion of an enactment is listed in column 2 of Part 1 or Part 2 of Schedule 2, by that portion of the enactment, to permit the project to be carried out, in whole or in part. (autorisation)enactment means an Act of Parliament listed in column 1 of Part 1 of Schedule 2 or a regulation listed in column 1 of Part 2 of that Schedule. (texte législatif)Indigenous peoples has the meaning assigned by the definition aboriginal peoples of Canada in subsection 35(2) of the Constitution Act, 1982. (peuples autochtones)Minister means the member of the King’s Privy Council for Canada designated under section 3. (ministre)national interest project means a project named in Schedule 1. (projet d’intérêt national)Designation of MinisterOrderThe Governor in Council may, by order, designate a member of the King’s Privy Council for Canada as the Minister for the purposes of this Act.Purpose of ActPurposeThe purpose of this Act is to enhance Canada’s prosperity, national security, economic security, national defence and national autonomy by ensuring that projects that are in the national interest are advanced through an accelerated process that enhances regulatory certainty and investor confidence, while protecting the environment and respecting the rights of Indigenous peoples.National Interest ProjectsPower of Governor in CouncilIf the Governor in Council is of the opinion that a project is in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to add the name of the project and a brief description of it, including the location where it is to be carried out.LimitThe Governor in Council is not authorized to make an order under subsection (1) after the fifth anniversary of the day on which this section comes into force.AmendmentThe Governor in Council may, on the recommendation of the Minister, by order, amend Schedule 1 to amend the name or the description of a national interest project.DeletionIf the Governor in Council is of the opinion that a project named in Schedule 1 is no longer in the national interest, the Governor in Council may, on the recommendation of the Minister, by order, amend that Schedule to delete the name and the description of the project.LimitThe Governor in Council is not authorized to make an order under subsection (4) in respect of a national interest project after a document is issued in respect of the project under subsection 7(1).FactorsIn deciding whether to make an order under subsection (1) or (4) in respect of a project, the Governor in Council may consider any factor that the Governor in Council considers relevant, including the extent to which the project canstrengthen Canada’s autonomy, resilience and security;provide economic or other benefits to Canada;have a high likelihood of successful execution;advance the interests of Indigenous peoples; andcontribute to clean growth and to meeting Canada’s objectives with respect to climate change.ConsultationBefore recommending that an order be made under any of subsections (1), (3) and (4), the Minister must consult with any other federal minister and any provincial or territorial government that the Minister considers appropriate and with Indigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the order relates.Statutory Instruments ActThe Statutory Instruments Act does not apply to an order made under subsection (1), (3) or (4).Publication in Canada GazetteAn order made under subsection (1), (3) or (4), and the reasons for it, must be published in the Canada Gazette as soon as feasible after it is made.Deeming — favourable determinations, findings and opinionsEvery determination and finding that has to be made and every opinion that has to be formed in order for an authorization to be granted in respect of a national interest project is deemed to be made or formed, as the case may be, in favour of permitting the project to be carried out in whole or in part.ClarificationSubsection (1) does not exempt the proponent of a project from the requirement to take all measures that they are required to take, under an enactment, in respect of an authorization.LimitAn authorization is not to be granted solely on the basis of the deeming provision in subsection (1).Duty to issue documentThe Minister must issue to the proponent of a national interest project a document that is deemed to be each authorization that is specified in the document in respect of the project.Conditions to issuing documentBefore a document is issued under subsection (1),the Minister must be satisfied that the proponent has taken all measures, including providing any information and paying any fees, that the proponent is required to take in respect of each authorization that is specified in the document;the Minister must consult the minister who is responsible for the enactment under which each authorization is required with respect to the conditions that should be set out in the document; andIndigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the carrying out of the project to which the document relates must be consulted.DeemingWith respect to each authorization that is specified in it, the document is deemed to be the authorization issued under the enactment under which the authorization is required and to meet all of the requirements, under any enactment, that relate to the issuance of the authorization.For greater certaintyFor greater certainty, any powers that may be exercised and any duties and functions that may be performed in relation to an authorization that is specified in the document may be exercised or performed in relation to an authorization that is deemed to be issued in accordance with subsection (3).ConditionsThe document must set out the conditions that apply with respect to each authorization that is specified in it. The conditions set out in the document with respect to each authorization are deemed to be conditions imposed under the enactment under which the authorization is required.Subject matter of conditionsThe conditions set out in the document with respect to each authorization must be conditions that could have been imposed under the enactment under which the authorization is required, taking into account subsection 6(1).Statutory Instruments ActThe Statutory Instruments Act does not apply to the document.Document available to publicThe document, including any amendments to it, must be made available to the public in the manner determined by the Minister.Power to amend conditionsThe Minister may amend any condition that is set out in a document issued under subsection 7(1).Power to add authorizations and conditionsThe Minister may amend a document issued under subsection 7(1) to specify additional authorizations and set out conditions in respect of each additional authorization, in accordance with section 7.ConsultationBefore amending a condition or document under subsection (1) or (2), the Minister must consult withthe minister who is responsible for the enactment under which each authorization to which the amendment relates is required; andIndigenous peoples whose rights recognized and affirmed by section 35 of the Constitution Act, 1982 may be adversely affected by the amendment.Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)Before issuing a document under subsection 7(1) in respect of a project to which the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Newfoundland and Labrador Offshore Energy Regulator with respect to the conditions that should be set out in the document.Subsections 8(1) and (2)Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canada–Newfoundland and Labrador Atlantic Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Newfoundland and Labrador Offshore Energy Regulator with respect to the amendment.Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act — subsection 7(1)Before issuing a document under subsection 7(1) in respect of a project to which the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Nova Scotia Offshore Energy Regulator with respect to the conditions that should be set out in the document.Subsections 8(1) and (2)Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canada–Nova Scotia Offshore Petroleum Resources Accord Implementation and Offshore Renewable Energy Management Act applies, the Minister must consult with the Canada–Nova Scotia Offshore Energy Regulator with respect to the amendment.Nuclear Safety and Control ActConsultation — subsection 7(1)Before issuing a document under subsection 7(1) in respect of a project to which the Nuclear Safety and Control Act applies, the Minister must consult with the Canadian Nuclear Safety Commission with respect to the conditions that should be set out in the document.Consultation — subsections 8(1) and (2)Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Nuclear Safety and Control Act applies, the Minister must consult with the Canadian Nuclear Safety Commission with respect to the amendment.Limit — subsection 7(1)The Minister is not authorized to issue a document under subsection 7(1) in respect of a project to which the Nuclear Safety and Control Act applies unless the Minister receives confirmation from the Canadian Nuclear Safety Commission that it is satisfied that issuing the document will not compromise the health or safety of persons, national security or the implementation of international obligations to which Canada has agreed.Limit — subsections 8(1) and (2)The Minister is not authorized to amend a condition or document under subsection 8(1) or (2) in respect of a project to which the Nuclear Safety and Control Act applies unless the Minister receives confirmation from the Canadian Nuclear Safety Commission that it is satisfied that the amendment will not compromise the health or safety of persons, national security or the implementation of international obligations to which Canada has agreed.Canadian Energy Regulator ActConsultation — subsection 7(1)Before issuing a document under subsection 7(1) in respect of a project to which the Canadian Energy Regulator Act applies, the Minister must consult with the Commission of the Canadian Energy Regulator with respect to the conditions that should be set out in the document.Consultation — subsections 8(1) and (2)Before amending a condition or document under subsection 8(1) or (2) in respect of a project to which the Canadian Energy Regulator Act applies, the Minister must consult with the Commission of the Canadian Energy Regulator with respect to the amendment.Limit — subsection 7(1)The Minister is not authorized to issue a document under subsection 7(1) in respect of a project to which the Canadian Energy Regulator Act applies unless the Minister receives confirmation from the Commission of the Canadian Energy Regulator that it is satisfied that issuing the document will not compromise the safety or security of persons or regulated facilities, as defined in section 2 of that Act.Limit — subsections 8(1) and (2)The Minister is not authorized to amend a condition or document under subsection 8(1) or (2) in respect of a project to which the Canadian Energy Regulator Act applies unless the Minister receives confirmation from the Commission of the Canadian Energy Regulator that it is satisfied that the amendment will not compromise the safety or security of persons or regulated facilities, as defined in section 2 of that Act.Impact Assessment ActNon-application of certain provisionsIf a national interest project is also a designated project, as defined in section 2 of the Impact Assessment Act, sections 9 to 17 and subsections 18(3) to (6) of that Act do not apply in respect of the project and, for the purposes of section 18 of that Act,the Impact Assessment Agency of Canada is deemed to have decided that an impact assessment, as defined in section 2 of that Act, of the project is required; andthe time limit set out in subsection 18(1) of that Act does not apply in respect of the project.OfficeRoleAn office may be established to coordinate the exercise of powers and the performance of duties and functions under this Act and the enactments with respect to projects that are in the national interest and to serve as a source of information and point of contact for the proponents of those projects. If an office is established, the Minister is responsible for it.Amendment to Schedule 2Add, amend or deleteThe Governor in Council may, by order, amend Schedule 2 to add, amend or delete the name of an Act of Parliament or a regulation or the reference to a portion of an Act of Parliament or a regulation.RegulationsRegulations — enactmentThe Governor in Council may, on the recommendation of the minister responsible for an enactment, make regulationsexempting one or more national interest projects from the application of any provision of that enactment or any provision of regulations made under that enactment; andvarying the application of any provision referred to in paragraph (a) in relation to one or more national interest projects.Regulations — this ActThe Governor in Council may make regulationsexempting one or more national interest projects from the application of any provision of this Act;varying the application of any provision of this Act in relation to one or more national interest projects; andgenerally for carrying out the purposes and provisions of this Act.Review of ActReview and reportWithin five years after the day on which this Act comes into force, the Minister must complete a review of the provisions and operation of this Act, including subsection 5(2), and of the efficacy of the federal regulatory system in relation to projects that are in the national interest and must cause a report on the review to be laid before each House of Parliament.(Section 4)(Section 2 and subsections 5(1), (3) and (4))National Interest Projects
Column 1Column 2ItemName of ProjectDescription of Project
(Sections 2 and 21)Acts of Parliament
Column 1Column 2ItemAct of ParliamentPortion1Fisheries Act2Indian Act3International River Improvements Act4National Capital Act5Canadian Navigable Waters Act6Dominion Water Power Act7Migratory Birds Convention Act, 19948Canada Transportation Actsection 989Canada Marine Act10Canadian Environmental Protection Act, 1999Division 3 of Part 711Species at Risk Act12Canadian Energy Regulator Actsubsection 186(1)paragraph 262(1)(c)13Impact Assessment Act
Regulations
Column 1Column 2ItemRegulationsPortion1Migratory Bird Sanctuary Regulations2Dominion Water Power Regulations3Wildlife Area Regulations4Marine Mammal Regulations5Port Authorities Operations Regulationssections 25 and 276Metal and Diamond Mining Effluent Regulations7Migratory Birds Regulations, 2022